It is the most demanding form of judicial review. If it applies, Colorado’s ban on conversion therapy is probably doomed. By Adam Liptak Reporting from Washington Much of Tuesday’s argument over ...

Kansas lawmakers are considering a constitutional amendment to explicitly apply strict scrutiny to gun rights, even though a recent court ruling suggests it already applies. The proposed amendment ...

Type to search articles, cases, and authors. Press ↵ to view all results. Courtly Observations is a recurring series by Erwin Chemerinsky that focuses on what the Supreme Court’s decisions will mean ...

A central focus of yesterday’s Supreme Court arguments on state laws protecting girls’ sports was whether “as-applied” equal protection challenges are available under intermediate scrutiny. That’s ...

A bill proposing an amendment to the Iowa Constitution has one major problem: strict scrutiny. Senate Joint Resolution 7 — which passed the Legislature on Jan. 28 and is set to appear on ballots in ...

Let's move on to other variants. One looks at whether a law has any exceptions at all, and, if religious reasons are not among those exceptions, automatically applies strict scrutiny. It was proposed ...

My new article, Taxing Nudity: Discriminatory Taxes, Secondary Effects, and Tiers of Scrutiny, has been published in the Journal of Free Speech Law. It's based on my work with the Georgia Association ...